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What is medical malpractice?

July 24, 2023
Medical malpractice is a term used to describe situations where a healthcare professional, such as a doctor or nurse, fails to provide the appropriate standard of care to a patient, resulting in injury or harm. This can include misdiagnosis, surgical errors, medication mistakes, and more.

In personal injury cases, medical malpractice refers to instances where a person has been injured or harmed due to the negligence of a healthcare provider. For example, if a surgeon operates on the wrong body part, or a doctor fails to diagnose a serious illness, resulting in further harm to the patient, this could be considered medical malpractice.

It's important to note that not all medical errors are considered malpractice. In order for a case to be considered medical malpractice, it must be proven that the healthcare provider acted negligently and that this negligence directly caused harm to the patient.

If you or a loved one has been injured due to malpractice, you should gather and save all relevant documentation related to the incident. Below is a brief list of some of the important evidence and materials every medical malpractice claim needs:

  1. Medical records: All medical records related to the treatment in question should be obtained and saved. This includes doctor's notes, test results, imaging studies, and any other relevant medical documents.
  2. Bills and receipts: Any bills or receipts related to the medical treatment should be saved. This includes bills for doctor visits, hospital stays, medications, and any other expenses related to the treatment.
  3. Correspondence: Any correspondence with healthcare providers related to the treatment should be saved. This includes emails, letters, and notes from phone conversations.
  4. Witness statements: If there were any witnesses to the medical treatment, their statements should be obtained and saved.
  5. Expert opinions: It may be necessary to obtain expert opinions from medical professionals regarding the treatment in question. These opinions should be saved.
  6. Keep a journal: The journal can provide a detailed account of the patient's symptoms, treatments, and interactions with healthcare providers. It can also document any changes in the patient's condition over time. This information can be used to establish a timeline of events and to identify any potential errors or omissions in the patient's care. Additionally, the journal can serve as a valuable source of evidence in court, as it provides a first-hand account of the patient's experiences.

If you think you have a medical malpractice claim, you should seek legal advice from a qualified personal injury attorney who specializes in medical malpractice cases. They can help you understand your rights and options for seeking compensation for your injuries and losses.

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